29 C.F.R. § 531.38
Amounts deducted for taxes
Taxes which are assessed against the employee and which are collected by the employer and forwarded to the appropriate governmental agency may be included as “wages” although they do not technically constitute “board, lodging, or other facilities” within the meaning of section 3(m). This principle is applicable to the employee's share of social security and State unemployment insurance taxes, as well as other Federal, State, or local taxes, levies, and assessments. No deduction may be made for any tax or share of a tax which the law requires to be borne by the employer.
Notes of Decisions
Cited in 3
cases, 2007–2016 · leading case: Carver v. City of New York, 621 F.3d 221 (2d Cir. 2010).
Carver v. City of New York, 621 F.3d 221 (2d Cir. 2010). “29 C.F.R. § 531.38 (2010). In short, the City itself could impose and deduct an income tax on Carver that reduced his workfare payments below FLSA standards and still not violate those standards.”
Morgan v. Speakeasy, LLC, 625 F. Supp. 2d 632 (N.D. Ill. 2007). “” 29 C.F.R. § 531.38 . No deduction may be made, however, “for any tax or share of a tax which the law requires to be borne by the employer.”
Humphrey v. RAV Investigative & Sec. Servs. Ltd., 169 F. Supp. 3d 489 (S.D.N.Y. 2016). “See 29 C.F.R. § 531.38 ("Taxes which are assessed against the employee and which are collected by the employer and forwarded to the appropriate governmental agency may be included as ‘wages.”
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